Workmen's Compensation The Workmen's Compensation Law is administered by the State Board of Workmen's Compensation.1 (Sections 114-101 to 114-827). Occupational Disease Compensation Section 114-803. Provides for schedule coverage. Four groups of diseases are named. Reporting of Injuries Section 114-716. Requires every employer who accepts provisions of Workmen's Compensation Law to keep a record of all injuries, fatal or otherwise, received by employees; and to report to Department of Labor within 10 days all cases requiring medical or surgical treatment or causing absence for more than 7 days. Penalty for failure to report. STATE BOARD OF EDUCATION Vocational Rehabilitation Sections 32-2301 to 32-2315. The Vocational Rehabilitation Division is established under the supervision of the State Board of Education. The Division is authorized to provide authorized services to the physically and mentally impaired; to cooperate with other departments, agencies and institutions in providing services; to conduct research and compile statistics relating to services and needs of the impaired; to provide for the establishment, supervision and control of suitable business enterprises; and to utilize appropriated funds for establishing and operating rehabilitation centers. The Division is empowered to cooperate with the federal government in carrying out purposes of federal statutes relating to vocational rehabilitation. Criteria for eligibility for vocational rehabilitation services are given. DEPARTMENT OF AGRICULTURE The Department of Agriculture has jurisdiction over sanitation of slaughterhouses and dairies. Chapters 42-4 and 42-5. Include provisions requiring that such places be maintained in a sanitary condition, and empower the Commissioner to promulgate necessary rules and regulations. PUBLIC SERVICE COMMISSION The Public Service Commission has jurisdiction over all common carriers, railroads, docks, and public utilities. Sections 68-521 and 68-627. Empower the Commission to make safety rules relating to, among other things, the safe condition of motor contract common carriers. Sections 68-522 and 68-628. Regulate hours of duty of drivers of motor contract and common carriers, respectively, and require at least 10 hours continuous rest after duty period. Section 18-106. Regulates hours of trainmen, and requires at least a 10-hour rest interval after 13 hours of duty in any 24-hour period. Prescribes penalty for violation. HAWAII SOURCES: Revised Laws of Hawaii 1945 Session Laws for 1945, 1947, 1949 and 1951 Rules and Regulations of State Agencies BOARD OF HEALTH OF THE TERRITORY Authority and Functions1 Revised Laws of Hawaii 1945, Section 2007. General powers of the board. "The board shall have general charge, oversight and care of the health and lives of the people of the Territory. It shall have authority in matters of quarantine and other health matters. . . . It shall be the duty of all county health authorities, sheriffs and police officers and all other officers and employees of the Territory, and every county thereof, to enforce the rules and regulations of the board. All such powers in health matters as have been or may be conferred upon any county shall be concurrent with those of the board. . . ." Section 2015. Subjects of (health regulations), generally. "The board, with the approval of the governor, may make such regulations as it shall deem necessary for the public health and safety respecting: "1. Nuisances, foul or noxious odors, gases or vapors ... causes of sickness or disease, within the respective districts of the Territory, and on board of any vessel; "2. Adulteration and misbranding of food or drugs; "3. (As amended by Session Laws 1945, Act 116) Location, air space, ventilation, sanitation, drainage and sewage disposal and other health conditions of buildings, courts, construction projects, excavations. . ." "10. Bakeries, poi shops, abattoirs, stables, fish, meat or vegetable stores or markets. "13. Any place or building where noisome or noxious trades or manufactures are carried on, or intended to be carried on. . . “17. (As added by Session Laws 1945, Act 116) Places of business, industry, employment, commerce, and processes, materials, tools, machinery, and methods of work done therein, and places of public gathering, recreation, or entertain "21. (As added by Session Laws 1951, Act 18) Sources of ionizing radiation." Industrial Hygiene Session Laws 1951, Act 18, "(Sec. 2012.06.) Section 1. Bureau of Industrial Hygiene. There shall be a bureau of industrial hygiene in the board of health of the Territory of Hawaii. "(Sec. 2012.07.) Section 2. Enforcement, powers, and duties of the bureau. It shall be the duty of the bureau of industrial hygiene to enforce the rules and regulations of the board of health relating to or affecting industrial hygiene, and the bureau shall have the power and it shall be its duty to detect, prevent and control: (1) conditions and exposures affecting health which are associated with conditions of employment, (2) atmospheric pollution, (3) improper fumigation, (4) inadequate and improper ventilation, (5) sources of ionizing radiation, and (6) other similar conditions. 1 Additional reference on page 61 (Section 4112). "Further, the bureau may conduct research and investigations, and disseminate knowledge and information to the public, concerning conditions in places of employment (and areas and places adversely affected by such places of employment) which may be responsible for the development of occupational diseases, afflictions and poor health, and concerning all other matters which are the subject of its duties." General Provisions Relating to Occupational Health Statutory Provisions None specifically. Rules and Regulations Adopted by the Board of Health of the Territory. Working Places and Conditions. Adopted October 30, 1947, and approved by Governor, November 28, 1947. Regulations contain minimum requirements and apply to all places of employment except agriculture and domestic services. Regulations deal with provision of and method of dispensing drinking water; number, type, construction and maintenance of toilet rooms and facilities, wash and locker rooms, and rest room for women; provision for lunchrooms, prohibiting eating lunch in workroom or other place in which there are toxic dusts, fibers, fumes, mists, gases, vapors, infectious materials, or potentially hazardous conditions; requirements for waste disposal and housekeeping; minimum illumination requirements in terms of footcandles; and ventilation requirements for offices, nonhazardous work areas, rest, toilet and other rooms. Regulations dealing with the protection of health and safety of employees cover protection against hot conditions; toxic limits of specific hazardous substances in the atmosphere; application of warning or caution labels on containers of hazardous substances; registration of information with the Board of Health on work operations releasing dusts, fibers, fumes, mists, gases or vapors; isolation of hazardous occupations; prohibition of use of physical or chemical accelerators for hastening evaporation of solvent; control of industrial exposures by means of exhaust ventilation including the approval of plans for ventilation system installations by the Board of Health; wet methods of dust control; provision and maintenance of personal protective equipment; provision of safety devices on machines and equipment in accordance with rules of the Commission of Labor and Industrial Relations; reduction of excessive noise; requirements for first-aid work and kits; responsibilities of employer in providing and maintaining approved equipment or supplies necessary to protect the health of the workers and in instructing employees as to hazards of work, and of employees in using measures provided; and maintenance of records of injuries and illnesses incurred by the employees. Penalties for violations. None. Reporting of Occupational Diseases DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS Authority and Functions 1 Revised Laws 1945, Section 4105. Bureaus within the department; assistant directors in charge. Establishes within the Department, the Bureaus of 1 Additional reference above (Rules and Regulations). Unemployment Compensation, Workmen's Compensation, Research and Statistics, and Labor Law Enforcement. Section 4112. Duties and powers of the commission; rules and regulations. "In addition to such other duties and powers as may be conferred upon the commission by law, the commission shall have the power, jurisdiction, authority and duty. . . "(b) To make, modify and repeal reasonable rules and regulations of general application for the protection of life, health and safety of employees in every place of employment; provided that any such rules and regulations shall not conflict with any rules or regulations of the board of health of the Territory covering the same subject matter. . "The rules and regulations of the commission, and any amendments thereto, when approved by the Governor and published as hereinafter provided, shall have the force and effect of law, and shall be enforced in the same manner as the provisions of this chapter. . . 66 ... Section 4114. Duties and powers of director; enforcement of rules; wage claims, joinder of. the director, subject to the supervision and control of the commission, shall have the power, jurisdiction, authority and duty. "(b) To cause the enforcement of rules and regulations of the commission; "(c) To propose to the commission such rules and regulations or changes in rules and regulations, as he may deem advisable for the protection of life, health and safety of employees, in every employment or place of employment. The director may appoint committees composed of employers, employees and experts to suggest rules and regulations or changes therein... Section 4116. Prescribes penalty for violation of any lawful rule or regulation of the Commission. Division of Industrial Safety Session Laws 1947, Act 64, "(Sec. 4390.02.) Section 2. Division of industrial safety; industrial safety engineer. There is hereby created within the bureau of workmen's compensation of the department of labor and industrial relations a division of industrial safety, to be in immediate charge of an industrial safety engineer, who shall be appointed by the director..." "(Sec. 4390.03.) Section 3. Powers and duties of division. The division. of industrial safety shall have the following powers and duties: "(a) It shall inspect places of employment and machines, devices, apparatus and equipment for the purpose of insuring adequate protection to the life and safety of workers. "(b) It shall enforce all rules and regulations made by the commission for the protection of life, health and safety of employees. "(c) It may investigate the cause of all industrial injuries resulting in disability or death which occur in any employment or place of employment, and may make reasonable orders and recommendations with respect to the cause of such injuries. "(d) It may disseminate through exhibitions, moving pictures, lectures, pamphlets and any other method of publicity, information to employers, employees and the general public regarding the causes and prevention of industrial accidents and occupational diseases and related subject. "(e) Authorized representatives of the division shall have the right to enter any place of employment during regular working hours and at other reasonable times." NOTE: See also statutory provisions relating to occupational health and safety for further duties of the Division of Industrial Safety. General Provisions Relating to Occupational Health and Safety Statutory Provisions Session Laws 1947, Act 64, "(Sec. 4390.04.) Section 4. Safe place of employment; safety devices and safeguards. Every employer shall furnish and use safety devices and safeguards, and shall adopt and use practices, means, methods, operations and processes which are reasonably adequate to render such employment and place of employment safe. "No person shall remove, displace, damage, destroy or interfere with the use of any safety device, safeguard, notice or warning furnished for use in any employment or place of employment. "No employer, owner or lessee of any real property shall construct or cause to be constructed any place of employment that is not safe, and no employer shall occupy or maintain any unsafe place of employment. "(Sec. 4390.05.) Section 5. Safety orders. Whenever an investigation by the division discloses that any employment or place of employment is not safe, or that any practice, means, method, operation or process employed or used in connection therewith is unsafe or does not afford adequate protection to the life and safety of employees in the employment or place of employment, the director may make an order directing that in the manner and within a time specified such additions, repairs, improvements or changes be made and such safety devices and safeguards be furnished, provided and used as are reasonably required to render the employment or place of employment safe. . . ." "(Sec. 4390.06.) Section 6. Prohibition of use. Whenever in the opinion of an authorized representative of the division the use of any machine, device, apparatus or equipment or any part thereof constitutes an imminent hazard to the life or safety of any person, a notice prohibiting the use thereof shall be attached thereto and a copy delivered to the employer or his agent. The notice shall direct the employer to show cause before the director at a time and place specified therein and not more than five days thereafter why the prohibition should not continue until the use of such machine, device, apparatus or equipment is made safe. Such notice may be disregarded if the division is notified within the time specified that the use of said machine, device, apparatus or equipment has been made safe. After hearing, the director may set aside the prohibition or continue it upon such terms and conditions as he may deem necessary." (Sec. 4390.09.) Section 9. Prescribes penalty for violation of orders and provisions of this Act. Rules and Regulations Employment of Minors The Bureau of Law Enforcement enforces child labor laws. Among pertinent provisions are the following: Revised Laws 1945, Section 4121. Forbids the employment of minors under 16 in any gainful occupation prohibited by law, or in any factory, or in connection with any power-driven machinery, and of minors under 18 in any occupation declared by the Commission of Labor and Industrial Relations to be particularly hazardous for the employment of such minors or detrimental to their life, health, safety or well-being. |